Child Support Modification / Addendum for Gwinnett County, Georgia
If you are in need of a child support modification or addendum in Gwinnett County, Georgia, there are some things you will need to know. Procedures vary around the state, so it’s important to know what the procedure is for a child support modification or addendum in Gwinnett County. It’s important that you follow the legal process when filing for child support modification. Below you will find the information to help you along the way, including details about what a child support modification is, when it is filed, and how you can go about filing one.
Quick Facts About Child Support Modification in Gwinnett County:
- To be eligible to file a child support modification, two years must have passed since the judge signed a child support order, unless your original order has never been modified.
- In Gwinnett County you need to complete the Child Support Addendum and check that it is a modification action. The addendum packet is available online, but it must be filed in person at the Superior Court.
- It is advisable to have an attorney represent you if your case will be contested, you cannot find the person who needs to be served, you feel you may lose custody of your children, or you suspect that the other person may not want to cooperate with providing information.
- Those who are seeking a reduction in child support payments will need to provide the last three months’ worth of their pay stubs.
- Those seeking an increase in child support payments must call the Respondent as a witness to ask about how much money they have now, as compared to when the original child support order had been issued.
- A child support modification is filed in Gwinnett County if that is where the opposing party resides.
- For the current filing rates, contact the Superior Court at 770-822-8100.
Forms Needed for Child Support Modification in Gwinnett County
- Petition for Modification of Child Support / Child Support Addendum
- Rule Nisi
- Sheriff’s Entry of Service
Reasons to File Child Support Modification
Those who feel there should be a change in their child support should consider filing a modification. Some of the reasons may include wanting to seek more child support, asking for a reduction in child support, if there has been a change in one’s financial status since the original order, etc. Some of the reasons that people seek a modification include someone losing their job, getting a pay cut, getting a higher paying job, etc. If you have questions regarding whether or not you should seek a child support modification, you should consult with attorney who can review the facts of your case in detail.
Child Support Modification Process in Gwinnett County
It is important for those filing a child support modification in Gwinnett County that they complete all of the paperwork accurately and they file it according to the Superior Court’s process. The process includes filling out all of the necessary forms for the Child Support Addendum, and then filing with the Gwinnett County Superior Court Clerk’s Office. Upon filing, you will be given a court date and time that you will need to attend. You will also need to provide the Sheriff’s Department with a copy of the filing package so they can serve the other party. There will be a filing fee at both the Superior Court and at the Sheriff’s Department. Contact their offices for the most current filing fee.
Should you hire an attorney or file yourself?
While the forms for filing for a child support modification in Gwinnett County are readily available online, there are many people who should consider consulting with an attorney. It is important that all forms are completed accurately and thoroughly for them to be considered. An attorney will ensure that the entire process is filed accurately.
Many people find that they can save a lot of time and stress by working with an attorney who is familiar with the process.
There are other cases where people may need to work with an attorney in order to have their child support modification filed. This is especially true if the case is contested, your ex-spouse is not being cooperative, you fear there could be custody loss issues, or the child and the custodial parent do not live in Georgia. Most attorneys offer a free consultation. If you cannot afford to hire an attorney, you may be able to get assistance through Georgia Legal Aid and by contacting the State Bar of Georgia to inquire about pro bono attorneys.